(1)

On 29 October 2010, the Council adopted Decision 2010/656/CFSP (2) renewing the restrictive measures against Côte d’Ivoire and repealing Common Position 2004/852/CFSP (3). Regulation (EC) No 174/2005 (4), adopted initially to give effect to Common Position 2004/852/CFSP, also gives effect to Decision 2010/656/CFSP at Union level by imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire.

(2)

Decision 2012/371/CFSP amends the scope of Decision 2010/656/CFSP in the light of United Nations Security Council Resolution 2045 (2012) and removes the restrictions on the supply of technical and financial assistance related to military activities. It also removes the restrictions on the supply of technical and financial assistance related to internal repression equipment.

(3)

Those measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(4)

Regulation (EC) No 174/2005 should therefore be amended accordingly.

(5)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day of its publication,

(1)

Article 1 is replaced by the following:

(2)

Article 2 is repealed;

(3)

Article 3 is replaced by the following:

(4)

Article 4 is repealed;

(5)

in Article 4a, paragraphs 1 and 2 are replaced by the following:

(1)

Part 3 of Annex VI to Regulation (EC) No 1272/2008 contains two lists of harmonised classification and labelling of hazardous substances. Table 3.1 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008. Table 3.2 lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Annex VI to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2). Those two lists need to be amended to include updated classifications for substances already subject to those harmonised classifications and to include new harmonised classifications.

(2)

The Committee for Risk Assessment of the European Chemicals Agency (ECHA) has issued opinions on proposals for harmonised classification and labelling of substances which had been submitted to ECHA pursuant to Article 37 of Regulation (EC) No 1272/2008. Based on those opinions, as well as on the comments received from the parties concerned, it is appropriate to amend Annex VI to Regulation (EC) No 1272/2008 in order to harmonise the classification and labelling of certain substances.

(3)

The harmonised classifications set out in Part 3 of Annex VI to Regulation (EC) No 1272/2008, as amended by this Regulation, should not apply immediately, as a certain period of time will be necessary to allow operators to adapt the labelling and packaging of substances and mixtures to the new classifications and to sell existing stocks. In addition, a certain period of time will be necessary to allow operators to comply with the registration obligations resulting from the new harmonised classifications for substances classified as carcinogenic, mutagenic or toxic to reproduction, categories 1A and 1B (Table 3.1) and categories 1 and 2 (Table 3.2), or as very toxic to aquatic organisms which may cause long term effects in the aquatic environment, in particular with those set out in Article 23 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (3).

(4)

In line with the transitional provisions of Regulation (EC) No 1272/2008 which allow the application of the new provisions at an earlier stage on a voluntary basis, suppliers should have the possibility of applying the harmonised classifications set out in Part 3 of Annex VI to Regulation (EC) No 1272/2008, as amended by this Regulation, and of adapting the labelling and packaging accordingly on a voluntary basis before 1 December 2013.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

(1)

Table 3.1 is amended as follows:

(2)

Table 3.2 is amended as follows:

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 2 July 2012 the Sanctions Committee of the United Nations Security Council decided to remove one natural person and one entity from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing requests submitted by this person and this entity and the Comprehensive Reports of the Ombudsperson established pursuant to United Nations Security Council Resolution 1904(2009).

(3)

Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

It is necessary to amend Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union (1) in order to adapt it to the provisions of the Treaties as amended by the Treaty of Lisbon and, in particular, to add the European Council as a signatory institution.

(2)

The Management Committee of the Publications Office has agreed, at its meeting on 2 July 2010, that the European Council become a signatory institution and, on 14 April 2011, that Decision 2009/496/EC, Euratom should therefore be amended,

(1)

the title shall be replaced by ‘Decision of the European Parliament, the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions on the organisation and operation of the Publications Office of the European Union’;

(2)

the list of enacting institutions and bodies shall be replaced by the following:

‘THE EUROPEAN PARLIAMENT,

THE EUROPEAN COUNCIL,

THE COUNCIL,

THE EUROPEAN COMMISSION,

THE COURT OF JUSTICE OF THE EUROPEAN UNION,

THE COURT OF AUDITORS,

THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,

THE COMMITTEE OF THE REGIONS’;

(3)

in Article 1(1) the first subparagraph shall be replaced by the following:

(4)

Article 4(6) shall be replaced by the following:

(5)

Article 6(1) shall be replaced by the following:

(6)

the list of signatories shall be replaced by the following:

‘For the European Parliament,

For the European Council,

For the Council,

For the Commission,

For the Court of Justice of the European Union,

For the Court of Auditors,

For the European Economic and Social Committee,

For the Committee of the Regions’.

(1)

On 2 December 2009, by Decision 2010/285/EU (1), following a proposal from the Commission in accordance with Article 126(6) of the Treaty, the Council decided that an excessive deficit existed in Germany. The Council noted that the general government deficit planned for 2009 was 3,7 % of GDP, thus above the 3 % of GDP Treaty reference value, while the general government gross debt was planned to reach 74,2 % of GDP in 2009, thus above the 60 % of GDP Treaty reference value (2).

(2)

On 2 December 2009, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (3), the Council, based on a recommendation from the Commission, addressed a recommendation to Germany with a view to bringing the excessive deficit situation to an end by 2013 at the latest. The recommendation was made public.

(3)

Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties requires that the Commission provide the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4).

(4)

When considering whether a decision on the existence of an excessive deficit should be abrogated, the Council should take a decision on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 % of GDP threshold over the forecast horizon (5).

(5)

Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009 following the notification by Germany before 1 April 2012 and on the Commission services 2012 spring forecast, the following conclusions are justified:

(6)

In accordance with Article 126(12) of the Treaty, a Council decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

(7)

The Council recalls that, starting in the year following the correction of its excessive deficit, Germany is in a transition period of three years (2012-2014), in which the requirement under the debt criterion is to be considered fulfilled if the country makes sufficient progress towards compliance with the debt reduction benchmark, in accordance with Article 2(1a) of Regulation (EC) No 1467/97. The fiscal adjustment planned by Germany in its stability programme is consistent with sufficient progress towards compliance with the debt reduction benchmark at the end of the transition.

(8)

In the view of the Council, the excessive deficit in Germany has been corrected and Decision 2010/285/EU should therefore be abrogated,

(1)

On 13 July 2010, by Decision 2010/422/EU (1), following a proposal from the Commission in accordance with Article 126(6) of the Treaty, the Council decided that an excessive deficit existed in Bulgaria. The Council noted that the general government deficit reached 3,9 % of GDP in 2009, above the 3 % of GDP Treaty reference value, while the general government gross debt was 14,8 % of GDP, well below the 60 % of GDP Treaty reference value (2).

(2)

On 13 July 2010, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (3), the Council, based on a recommendation from the Commission, addressed a recommendation to Bulgaria with a view to bringing the excessive deficit situation to an end by 2011 at the latest. The recommendation was made public.

(3)

In accordance with Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4).

(4)

When considering whether a decision on the existence of an excessive deficit should be abrogated, the Council should take a decision on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 % of GDP threshold over the forecast horizon (5).

(5)

Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009 following the notification by Bulgaria before 1 April 2012 and on the Commission services 2012 spring forecast, the following conclusions are justified:

(6)

In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

(7)

In the view of the Council, the excessive deficit in Bulgaria has been corrected and Decision 2010/422/EU should therefore be abrogated,

(1)

On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing restrictive measures against Côte d’Ivoire (1).

(2)

On 26 April 2012, the United Nations Security Council adopted Resolution 2045 (2012) which renewed the restrictive measures imposed against Côte d’Ivoire until 30 April 2013 and amended the restrictive measures on arms.

(3)

Decision 2010/656/CFSP should therefore be amended accordingly,

(1)

Article 1(2) is deleted;

(2)

Article 2 is replaced by the following:

(1)

On 7 March 2005, the Council adopted Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX (1).

(2)

On 14 June 2010, the Council adopted Decision 2010/330/CFSP (2), which extended the mission until 30 June 2012.

(3)

Following the recommendations in the Strategic Review, the mission should be extended for a further period of 18 months.

(4)

EUJUST LEX-IRAQ will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.

(5)

Decision 2010/330/CFSP should therefore be amended accordingly,

(1)

Article 2(4) is replaced by the following:

(2)

Article 2(5) is deleted;

(3)

Article 6(5) is replaced by the following:

(*1)   OJ L 141, 27.5.2011, p. 17.’;"

(4)

Article 10 is hereby amended as follows:

(5)

in Article 11 the following paragraph is added:

(6)

in Article 16 the second subparagraph is replaced by the following:

‘It shall apply from 1 July 2010 until 31 December 2013.’.